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PEOPLE v. FEDERICO ABRAZALDO

This case has been cited 36 times or more.

2010-02-04
NACHURA, J.
The CA awarded P42,337.25 as actual damages and P10,000.00 as temperate damages to the heirs of Regis. In People v. Villanueva[26] and People v. Abrazaldo,[27] we ruled that temperate and actual damages are mutually exclusive in that both may not be awarded at the same time. Hence, no temperate damages may be awarded if actual damages have already been granted. The award of P10,000.00 as temperate damages must, therefore, be deleted.
2009-06-26
PERALTA, J.
In People vs. Abrazaldo,[75] we laid down the doctrine that where the amount of actual damages for funeral expenses cannot be determined because of the absence of receipts to prove them, temperate damages may be awarded in the amount of P25,000[76] This doctrine specifically refers to a situation where no evidence at all of funeral expenses was presented in the trial court. However, in instances where actual expenses amounting to less than P25,000 are proved during the trial, as in the case at bar, we apply the ruling in the more recent case of People vs. Villanueva[77] which modified the Abrazaldo doctrine. In Villanueva, we held that "when actual damages proven by receipts during the trial amount to less than P25,000, the award of temperate damages for P25,000 is justified in lieu of the actual damages of a lesser amount." To rule otherwise would be anomalous and unfair because the victim's heirs who tried but succeeded in proving actual damages of an amount less than P25,000 would be in a worse situation than those who might have presented no receipts at all but would now be entitled to P25,000 temperate damages.[78]
2009-06-18
LEONARDO-DE CASTRO, J.
As to the award of P10,000.00 as actual damages, the same was based on the testimony of Marilyn Lorica that she spent the said amount for the wake, burial and internment of her husband.[47] Other than her statement, no other proof was presented to justify the award of actual damages. To be entitled to actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable to the injured party.[48] Here, no receipts were ever presented to show that Marilyn spent the said amount which was awarded by the trial court. Thus, the award of actual damages is hereby deleted for lack of factual and legal basis. Nonetheless, the accused should pay the heirs of the victim temperate damages under Article 2224 of the Civil Code[49] in the amount of P25,000.00.[50]
2009-02-12
BRION, J.
We can only award actual damages to the extent actually proven by evidence, i.e., upon competent proof and the best evidence obtainable by the injured party. In this case, the prosecution failed to present any receipt to prove the claim for expenses incurred in relation with the victim's death. Nevertheless, we can award P25,000.00 as temperate damages pursuant to our ruling in People v. Abrazaldo[60] that temperate damages of P25,000.00 may be awarded in place of actual damages, where the amount of actual damages for funeral expenses cannot be determined with certainty under the rules of evidence.
2008-12-24
BRION, J.
We note that the RTC did not award actual damages to the heirs of Nestor for lack of evidence. In People v. Abrazaldo,[100] we held that where the amount of the actual damages cannot be determined because of the absence of supporting receipts but entitlement is shown under the facts of the case, temperate damages in the amount of P25,000.00 may be awarded. Thus, in lieu of actual damages, we award temperate damages of P25,000.00 to the heirs of Nestor.
2008-10-24
LEONARDO-DE CASTRO, J.
With respect to actual damages, the victim's widow, Arceli Estacio, testified that she spent a total of P40,000.00 as burial and funeral expenses but she failed to present receipts to substantiate her claim. In People v. Abrazaldo,[31] we laid down the doctrine that where the amount of actual damages for funeral expenses cannot be determined because of the absence of receipts to prove them, temperate damages may be awarded in the amount of P25,000.00. Thus, in lieu of actual damages, temperate damages in the amount of P25,000.00 must be awarded to the heirs of Rene Rosas because although the exact amount was not proved with certainty, it was reasonable to expect that they incurred expenses for the coffin and burial of the victim.
2008-09-16
BRION, J.
The RTC awarded the amount of P13,000.00 to the victim's heirs as actual damages in light of established jurisprudence that allows only expenses duly supported by receipts as proof of actual damages.[48] This RTC ruling has however been overtaken by our rulings in the landmark cases of People v. Abrazaldo[49] and People v. Villanueva.[50] In Abrazaldo, we ruled that where the amount of the actual damages cannot be determined because of the absence of supporting and duly presented receipts but evidence confirming the heirs' entitlement to actual damages, temperate damages in the amount of P25,000.00 may be awarded. This ruling was reiterated, with slight modification in Villanueva, where we held that when the actual damages proven by receipts during the trial amount to less than P25,000.00, we can nevertheless award temperate damages of P25,000.00. Thus, the heirs' entitlement is P25,000.00 of temperate damages.
2008-08-28
CHICO-NAZARIO, J.
As to actual damages, we have held that if the amount of the actual damages cannot be determined because no receipts were presented to prove the same, but it was shown that the heirs are entitled thereto, temperate damages amounting to P25,000.00 may be awarded.[43] In the instant case, no receipt or competent proof was presented to show the amount of actual damages incurred by AAA's heirs. Nonetheless, it is reasonable to expect that AAA's heirs incurred expenses for her coffin, burial, and food during the wake. Hence, the Court of Appeals properly awarded temperate damages amounting to P25,000.00 in lieu of actual damages.
2008-03-27
CHICO-NAZARIO, J.
As regards the appreciation by the RTC of the aggravating circumstance of nocturnity, it should be underscored that nocturnity or nighttime is, by and of itself, not an aggravating circumstance. It becomes so only when (1) it was especially sought by the offender; or (2) it was taken advantage of by him; or (3) it facilitated the commission of the crime by ensuring the offender's immunity from capture.[64]
2007-09-03
GARCIA, J.
We likewise affirm the appellate court's findings with respect to the appellant's civil liability in the two cases. The grant of P25,000.00 as temperate damages to Evelyn Ampaya is in accord with our ruling in People v. Abrazaldo[40] as amplified and modified in People v. Villanueva,[41] that when the actual damages proven by receipts during the trial amount to less than P25,000, as in this case, the award of temperate damages for P25,000 is justified in lieu of actual damages of a lesser amount. Conversely, if the amount of actual damages proven exceeds P25,000, then temperate damages may no longer be awarded; actual damages based on the receipts presented during trial should instead be granted.
2007-07-12
GARCIA, J.
This brings us to appellant's civil liability about which the trial court completely ignored. In addition to the CA's award of moral and exemplary damages and civil indemnity, we find it proper that temperate damages must also be awarded to the heirs of Allan. The victim's mother testified that the family incurred P69,000.00 for funeral and burial expenses, but she was not able to present receipts. Under Article 2224 of the Civil Code, temperate damages may be recovered as it cannot be denied that the heirs of the victim suffered some pecuniary loss although the exact amount was not proved with certainty.[14] In People v. Abrazaldo,[15] we held that where, as in this case, the amount of actual damages cannot be determined because no receipts were presented to prove the same but it is shown that the heirs are entitled thereto, temperate damages may be awarded, fixed at P25,000.00. Considering that funeral expenses were obviously incurred by the victim's heirs, an award of P25,000.00 as temperate damages is proper.
2007-07-12
GARCIA, J.
With respect to actual damages, Winner's father, Vidal Agbulos, testified that he spent a total of P50,000.00 as burial expenses but he failed to present receipts therefor. In People v. Abrazaldo,[26] we laid down the doctrine that where the amount of actual damages for funeral expenses cannot be determined because of the absence of receipts to prove them, temperate damages may be awarded in the amount of P25,000.00. Thus, in lieu of actual damages, temperate damages in the amount of P25,000.00 must be awarded to the heirs of Winner because although the exact amount was not proved with certainty, it was reasonable to expect that they incurred expenses for the coffin and burial of the victim. We, however, cannot grant the same to the heirs of Eddie Quindasan for their failure to testify on the matter. Finally, appellant is obliged to return to the heirs of Winner Agbulos the amount of P20,000.00 he had taken from Winner.
2007-02-23
GARCIA, J.
As regards the actual damages, inasmuch as the actual amount of loss had not been proven, we grant the amount of P25,000.00 as temperate damages in lieu of actual damages on the ground that it was reasonable to expect that the family of the victim incurred expenses for the coffin, burial and food during the wake.[31]
2004-06-08
PER CURIAM
With respect to the surviving victims Jaime Agbanlog, Jimmy Wabe, Rey Camat and Gerry Bullanday, the trial court awarded P30,000.00 each for the injuries they sustained. We find this award inappropriate because they were not able to present a single receipt to substantiate their claims. Nonetheless, since it appears that they are entitled to actual damages although the amount thereof cannot be determined, they should be awarded temperate damages of P25,000.00 each.[46]
2004-04-14
SANDOVAL-GUTIERREZ, J.
We likewise award temperate damages, in lieu of actual damages. Here, the prosecution failed to present any proof of the expenses incurred by the victim's heirs. However, as they actually incurred funeral expenses, we award P25,000.00 by way of temperate damages.[13]
2004-03-11
SANDOVAL-GUTIERREZ, J.
With regard to civil liability, no proof was presented as to the actual or moral damages.  The trial court, however, ordered appellant to indemnify the heirs of each of the victims the amount of P50,000.00, which we affirm.  Unlike the award of actual damages, the award of civil indemnity need no proof other than the death of the victim.[17] In addition, temperate damages may be recovered under Article 2224 of the Civil Code, as it cannot be denied that the heirs suffered some pecuniary loss although the exact amount was not proved with certainty.  Hence, an award of P25,000.00 by way of temperate damages would be appropriate.[18] The heirs of Reynaldo and Jesus are awarded P50,000.00 each as civil indemnity and P25,000.00 as temperate damages.
2004-02-18
SANDOVAL-GUTIERREZ, J.
The trial court did not award actual damages, obviously because the victim's mother failed to present proof of funeral expenses she incurred. To be entitled to such damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable to the injured party.[24] However, in People vs. Abrazaldo,[25] we held that where the amount of the actual damages cannot be determined because of the absence of receipts to prove the same, but it is shown that the heirs are entitled thereto, temperate damages may be awarded, fixed at P25,000.00. Here, since funeral expenses were obviously incurred by Leonila, an award of P25,000.00 as temperate damages is proper.
2004-02-06
CALLEJO, SR., J.
The heirs of the victim Purita Sotero are entitled to P50,000 as civil indemnity ex delicto;[31] P50,000 as moral damages;[32] P25,000 as exemplary damages;[33] and P25,000 as temperate damages.[34]
2004-02-05
SANDOVAL-GUTIERREZ, J.
As to appellant's civil liabilities, the trial court correctly awarded the amount of P50,000.00 as indemnity to the heirs of the victim.  As regards the actual damages, only P10,500.00 as funeral expenses was actually supported by receipts.  Pursuant to our ruling in People vs. Abrazaldo,[27] we grant the award of P25,000.00 as temperate damages inasmuch as the proven actual damages is less than P25,000.00.
2004-02-03
PER CURIAM
[155] G.R. No 124392, February 6, 2003.
2004-01-20
QUISUMBING, J.
The amount of P320,300.00 was awarded by the trial court as actual damages, which include: the hospital bill from the De La Salle University Medical Center for P1,300.00, the funeral service for the victim in the amount of P40,000.00, a memorial lot for the victim at P180,000.00, and expenses for the wake in the sum of P8,000.00. However, the record discloses that only the amount of P40,000.00 for the funeral services of the deceased is supported by a receipt.[80]  To be entitled to an award of actual damages, it is necessary to prove the actual amount of the loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable by the injured party,[81] which usually means official or valid receipts.  Hence, we agree that the award of actual damages here should be reduced to P131,000.00 only, consisting of the P91,000.00 cash lost during the robbery and the P40,000.00 incurred for funeral services.
2003-11-28
SANDOVAL-GUTIERREZ, J.
Temperate damages, in lieu of actual damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty,[59] as in this case. In People vs. Abrazaldo,[60] we computed temperate damages at P25,000.00.
2003-11-28
CALLEJO, SR., J.
In Criminal Case No. 99-84269, the Court did not award any moral damages to the victim Gery Quezon. But according to Article 2219, paragraph 2 of the New Civil Code, the victim is entitled to moral damages in a criminal offense resulting in physical injuries. Victim Gery Quezon testified on his injuries and the physical suffering and anxiety he felt from his wounds. Considering the nature of his injuries, he is entitled to moral damages in the amount of P10,000.00. In Criminal Case No. 99-84270, the trial court did not award actual damages for failure of the prosecution to prove the same. Nevertheless, the heirs of the victim, Sony Quezon, are entitled to temperate damages in the amount of P25,000.00.[28]
2003-11-28
CORONA, J.
We, however, find the grant of P48,200 as actual damages not properly supported by the evidence on record. The prosecution failed to present receipts needed to justify the award. Instead, the trial court relied solely on the affidavit of burial expenses executed byof the victim's wife, Evelyn Cejar, with respect to the amount incurred for burial expenses. The award of actual damages cannot be sustained solely on the basis of the allegations of a witness, without any tangible document to support such claim.[23] Nonetheless, temperate damages in the amount of P25,000 may be awarded to the heirs of the victim in line with the Court's pronouncement in the case of People vs. Abrazaldo.[24] Temperate damages may be granted where the amount of actual damages cannot be determined because of the absence of receipts to prove the same. When death occurs, it is reasonable to assume that the family of the victim incurred burial and funeral expenses.
2003-11-27
YNARES-SANTIAGO, J.
As regards his civil liability in Criminal Case No. 3597 for homicide, petitioner, in addition to the civil indemnity of P50,000.00, should be further ordered to pay the heirs of the deceased Nestor Importado, moral damages in the amount of P50,000.00 and temperate damages of P25,000.00 in lieu of actual damages. As testified by Merly Importado, the widow of the deceased, she was shocked and mentally tortured by the death of her husband.[46] Hence, the award of moral damages, which current jurisprudence set at P50,000.00, is proper. [47] To justify an award of actual damages, on the other hand, there must be competent proof of the actual amount of loss. Credence can only be given to those that are supported by receipts and appear to have been genuinely incurred in connection with the death, wake and burial of the victim.[48] Considering that the receipts presented by the prosecution do not show that the expenses stated therein were really incurred in connection with the death and burial of the victim, the claim for actual damages cannot be allowed. However, since it cannot be denied that the victim's heirs suffered pecuniary loss but the amount of which cannot be proved with certainty, temperate damages in the amount of P25,000.00 may be awarded.[49]
2003-11-21
CORONA, J.
We also award P50,000 as moral damages as the circumstances surrounding the untimely and violent deaths, in accordance with human nature and experience, could have brought nothing but emotional pain and anguish to the victim's family.[16] Further, an award of P25,000 as temperate damages is also granted to the victims' family for their funeral expenses, in lieu of actual damages. This is in light of our ruling in People vs. Abrazaldo, where we ruled that, despite the absence of receipts to prove actual damages, if it is shown that the heirs are entitled thereto, temperate damages of P25,000 may be awarded.[17]
2003-11-12
PER CURIAM
Temperate damages, in lieu of actual damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty.[61] In People vs. Abrazaldo,[62] we computed temperate damages at P25,000.00. We award the same in this case.
2003-11-11
CALLEJO, SR., J.
The trial court correctly awarded to the heirs of the victim civil indemnity in the amount of P50,000 which needs no proof other than the death of the victim.[53] The award of moral damages in the amount of P50,000 is likewise sustained, pursuant to controlling case law.[54] However, the Court cannot sustain the award of actual damages in the amount of P50,000 considering that only the amount of P7,450 was properly receipted. Nevertheless, the heirs are entitled to temperate damages in the amount of P25,000.[55]
2003-09-24
YNARES-SANTIAGO, J.
Finally, the trial court awarded to the heirs of the victim civil indemnity in the amount of P75,000.00 and moral damages in the amount of P50,000.00.  In accordance with prevailing judicial policy, the civil indemnity must be reduced to P50,000.00.[22] The award of moral damages has no factual basis.  However, the heirs of the victim should be awarded temperate damages of P25,000.00, it appearing that they are entitled to actual damages but the amount thereof cannot be determined because of the absence of receipts to prove the same.[23]
2003-08-29
PER CURIAM
No actual damages were awarded by the trial court since the prosecution failed to prove any amount thereof. To be entitled to such damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable to the injured party.[38] However, in accordance with our recent ruling in the case of People vs. Abrazaldo,[39] we hereby grant temperate damages in the amount of P25,000.00 on the ground that it was reasonable to expect that the family of the victim incurred expenses for the coffin, burial and food during the wake.[40]
2003-08-11
CORONA, J.
The recent case of People vs. Abrazaldo[33] allows the grant of temperate damages in the amount of P25,000 if there is no evidence of burial and funeral expenses. This is in lieu of actual damages as it would be unfair for the victim's heirs to get nothing, despite the death of their kin, for the reason alone that they cannot produce any receipts. We also ruled there that temperate and actual damages are mutually exclusive in that both may not be awarded at the same time, hence, no temperate damages may be granted if actual damages have already been granted.
2003-07-14
YNARES-SANTIAGO, J.
There is also a need to modify the trial court's award of damages. We find that the award of P35,000.00 as actual damages was not supported by evidence and, therefore, must be deleted. To be entitled to actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable to the injured party.[25] However, considering that the heirs of the victim suffered pecuniary loss for the wake and burial of the victim, only that there were no receipts to show the amount of such expenses, the amount of P25,000.00, should be awarded not for purposes of indemnification, but by way of temperate damages.[26]
2003-06-18
SANDOVAL-GUTIERREZ, J.
As to Aleli Guiroy's claim that she spent P20,000.00 for her father's funeral expenses and that there was at least P20,000.00 in the bakery's secret compartment when the robbery occurred, we find the same unsubstantiated.  In People vs. Abrazaldo,[49] we ruled that to be entitled to the award of actual damages, "it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable to the injured party." While the prosecution failed to present any receipt to prove the claim for funeral expenses, however, we are aware that funeral expenses were incurred by the family of the deceased.
2003-05-09
SANDOVAL-GUTIERREZ, J.
In keeping with the current jurisprudence, the heirs of Flores are entitled to the amount of P50,000.00 by way of civil indemnity ex delicto.[43] As regards the actual damages, it appears that out of the P55,070.00 awarded by the trial court, only P19,170.00[44] was actually supported by receipts.  The other amounts were based solely on a list prepared by Romeo Flores.  To be entitled to actual damages, it is necessary to prove the actual amount of loss with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable to the injured party.[45] In the case at bar, the prosecution failed to present receipts for the other expenses incurred.  Thus, in light of the recent case of People vs. Abrazaldo,[46] we grant the award of P25,000.00 as temperate damages inasmuch as the proven actual damages is less than P25,000.00.   The moral damages awarded in the amount of P50,000.00 is affirmed, there being proofs that because of Flores' death, his heirs suffered wounded feelings, mental anguish, anxiety and similar injury.[47] However, we reduce to P25,000.00 only the trial court's award of P50,000.00 as exemplary damages.[48]
2003-04-29
YNARES-SANTIAGO, J.
The award of actual damages should also be modified. In order that actual damages may be recovered, the amount actually expended in connection with the death of the victim must be substantiated with a reasonable degree of certainty, premised upon competent proof and on the best evidence obtainable by the injured party. In the instant case, the records show that the amount of P65,288.50 awarded by the trial court as actual damages is not fully substantiated by receipts.[48] However, as the heirs of the deceased actually incurred funeral expenses, they are entitled to temperate damages.[49] In the recent case of People v. Abrazaldo,[50] we ruled that where the amount of actual damages cannot be determined because of absence or lack of receipts to prove the amount claimed, temperate damages in the amount of P25,000.00 should be awarded.
2003-03-06
SANDOVAL-GUTIERREZ, J.
All told, accused-appellant's plea of self-defense must fail. His conviction necessarily follows on the basis of his admission to the killing. It is a hornbook doctrine that where self-defense is invoked, it is incumbent upon the accused-appellant to prove by clear and convincing evidence that (1) he is not the unlawful aggressor; (2) there was lack of sufficient provocation on his part; and (3) he employed reasonable means to prevent and repel an aggression.[41] At the heart of these is the presence of unlawful aggression. Without it, self-defense will not have a leg to stand on and this justifying circumstance cannot and will not be appreciated.[42] Also, the accused-appellant must rely on the strength of his own evidence and not on the weakness of that of the prosecution, for even if the latter were weak, it would not be disbelieved after his open admission of the killing.[43]